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Freind has a short term tenancy 6 months,but due to a relationship breakdown, now needs to move out, after 1 month,landlord now says he wants full 6 months rent/council tax and water rates.
advice reqd
Why doesn't he stay there?
Depends whose name is on the tenancy, him, her or both. Whoever that is will be liable for the six month term of the contract unless they can do a deal with the landlord.
his dad,acted as guarantor and he isnt now talking to son
landlord now says he wants full 6 months rent/council tax and water rates.
Landlord is entitled to that. The tenant(s) commits to pay for the property for 6 months. Who's name is on tenancy? If both, jointly and separately applies - ie both are liable.
You are also liable for bills, council tax and securing property etc, in line with what tenancy says. Do not abandon.
I am on the receiving end of this as well - tenant moves in, and 10 weeks later is offered better job, and so packs up, leaves and waits for me to call on rent day to enquire why rent was not paid... I had got rid of some furniture as she had some of her own and turned down two other tenants... Now I still have mortgage and a flat to re-let (usually 6 weeks minimum with flat vacant)
Speak to the landlord, they may allow you to let someone else move in / do a deal.
Isn't the 6 month lease there to protect the tenant? There will probably still be a 1 month notice period but I [i]think[/i] the tenant may be able to leave sooner.
You sign up to x month, you pay x months.
Isn't the 6 month lease there to protect the tenant? There will probably still be a 1 month notice period but I think the tenant may be able to leave sooner.
It protects both.
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy
What toys19 said.
Speak to the landlord, they may allow you to let someone else move in / do a deal.
This, but be prepared to come out worse. As stated you are obliged to pay the remainder of the contract that you signed (remember the bit where the say read before you sign).
Best case will be you end up paying the finders fee (normally about 50%) of a months rent and rent until they can find another tenant.
These contracts do go both ways so just as the landlord can't kick people out the landlord gets some security in terms income.
It's also worth remembering landlords take all forms from big organisations to individuals (for instance my missus has her house rented as we couldn't sell it when we moved) who need to pay their bills.
If the apartment is likely to be rented quickly it might make sense to ask the landlord and letting agent (if there is one) to put the apartment back on the market. You will have to pay the costs (advertising etc) and all expenses until the apartment is rented. However, as there is 5 months left on the tenancy it may work out better. We left out last tenacny early (4 months) as something more suitable came up. We ended up paying about about one months rent and the letting expenses as it took a month for the house to be let out again. The key thing is to speak to landlord soon and make the decision quickly.
matt_outandabout - Member
landlord now says he wants full 6 months rent/council tax and water rates.Landlord is entitled to that.
No, as soon as the landlord knows the tenant has gone, he is under a duty to minimise his loss, i.e. re advertise and get another tenant.
as above talk to the landlord and do a deal a month seems reasonable. IMHO
As al notes it is not like they will keep it unoccupied for the 6 months if you pay it all
No, as soon as the landlord knows the tenant has gone, he is under a duty to minimise his loss, i.e. re advertise and get another tenant.
Making the assumption it's an a standard domestic rental agreement with the typical 6 month fixed then roll over to a monthly deal. The clues will be in the document that the guy signed (as usual in these cases)
Ending a tenancy early
Unless there’s a break clause in your tenancy agreement, your landlord can insist you pay rent until the end of the tenancy.
https://www.gov.uk/private-renting-tenancy-agreements/how-to-end-your-tenancy
Ah. Fair enough. Does that apply in Scotland?
Not sure been 6 or 7 years since I rented wrong side of the border, I'd be checking the specifics in the contract. As usual all of these hassles and surprises can be prevented by reading contracts before signing them...
The LLs obligation to mitigate Tenants losses for breaking the contract is not true in England. Its been tested in the courts - look it up on LLzone.
This happens all the time, I had it once, as a LL you just want an unbroken income stream so as the flat relets quickly I held the T responsible until the new T was in place. I recharged only the relet costs.
Don't whatever you do as a T just walk away, you will be taken to court (online, its easy, 110 gbp to do it).
I don't know about Scotland btw, just England.
People are really sticking to the rules as if the world is going to end and that their lives depend heavily on some simple set of stupid rules.
[b]
Where are their common sense? [/b]
FFS! Don't people know sometimes they gain and sometimes they loss?
[b]
For the tenant[/b] - FFS offer to pay the Landlord something and just not simply walk out of a contract. Say pay for re-advertising whatever or negotiate for paying two months rent etc whatever you can. [b] You simple cannot walk out.[/b]
[b]For the landlord[/b] - FFS [b]offer to compromise as life is not just about squeezing every penny out of someone.[/b] Let the tenant go early but ask him/her to pay for something in return. Not full contract and certainly not 3 months rent. Two months rent is acceptable and perhaps some sort of re-advertising cost. No need to chase someone for all their money.
[b]My experience is that a lot of tenants do not know how to negotiate for a release and simply run off while a lot of landlords are very greedy trying to squeeze every penny out of others. [/b]
When I was a student long time ago I want out of a contract (1 yr) after 2 months. I offered the landlord these:
1. Find another tenant to take over my contract.
2. Subsidised the other tenant i.e. I pay the other tenant some cash (deposit for a month rent) so making it attractive for the other tenant to take over.
3. In good term with the landlord and continued to pay rent even after I moved out until someone took over my contract.
4. Helped search for another tenant.
After a month of moving out I found another tenant for him and everyone is happy.
🙄
Not clear. He wants to determine the Tenancy early because he's fallen out with his Guarantor? If so, I'd suggest the Guarantor is on the hook just as much as the Tenant so he may just as well stay put for the remainder of the term.